Family Reunification

Can you help me with family reunification? I have two friends very dear to me, who are refugees from Mexico. They came in 2023 before the visa requirement of coming to Canada. Suddenly, in Feb. 2024, there was a visa requirement from Mexico to Canada, and so their 4 children have not been able to come. My friends (the parents) have not had their hearing yet.

Is there a way to bring the 4 children into Canada?

Hi there,

Thank you for sharing your question and situation with us. You may find helpful information in the Canadian Council for Refugee’s article on family reunification. It covers a few programs and options like the One Year Window program and family class sponsorship.

The One Year Window program must be initiated within one year of landing and has specific criteria. According to the UNHCR, “any person who qualifies as a Protected Person or who has Convention Refugee Status as determined by the Immigration and Refugee Board (IRB) and Immigration, Refugees and Citizenship Canada (IRCC) has the right to apply for permanent residence and may, at the same time, include all of their nuclear family members in their application, whether they are refugees themselves or still in their home country.”

If the parents have not yet had their refugee hearing or been recognized as refugees, they will likely need to wait for the IRB’s hearing decision to apply for permanent residence and include their family in that application. You can find more information about this process in the IRCC guide Applying for Permanent Residence from within Canada: Protected Persons and Convention Refugees (IMM 5205). It may also be helpful to check IRCC’s tool for determining if a child is considered a dependent.

While waiting for their refugee hearing, it may be helpful for your friends to seek the advice of a registered lawyer or immigration consultant to review their claim and ensure everything is well prepared. StepstoJustice.ca has a list of free to low-cost legal services in the area of refugee law on their website. We hope this information is helpful, please follow up with us if you have any further questions.

Sincerely,

Your Settlement.Org Team